Bender on Privacy and Data Protection

This timely resource provides a framework to help you make sense of important questions in this rapidly-evolving area of law.

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As you grapple with difficult privacy and data protection issues, you wont want to be without Bender on Privacy and Data Protection. This timely resource provides a framework to help you make sense of important questions in this rapidly-evolving area of law.

Designed for the busy practitioner, the book is divided into four parts: (1) federal law, (2) state law, (3) international law, and (4) issues that warrant a special focus, such as privacy policies, behavioral advertising, search engines, cloud computing, the cost of privacy measures, and RFID (radio frequency identification).

Practice Insights sections set out important take-aways and practical implications. For further convenience, expert legal analysis is broken into subsections with lists and bullet points to help you find just the right information quickly and easily. In addition, many chapters have one or more Appendices that set out important supplementary materials, including text and analysis of relevant U.S. and international privacy and data protection law.

"David Bender's new book -- Bender on Privacy and Data Protection is a well-organized and detailed treatise spanning the world of privacy and data protection. Starting with a discussion of the key U.S. federal and state privacy laws, the book turns its attention to the EU and APEC, and then closes with several chapters on particular topics such as cloud computing and behavioral advertising. Clearly the book cannot cover every possible law or aspect of the data protection universe but I found it particularly compelling in its chapters that apply the privacy laws to particular contexts. For example, the chapter on Cross-Border Transfer of Personal Data goes into great details on the complexities of transferring personal data from the EU. The author is clearly well-versed in the legal and practical nuances of transferring data from the EU to other jurisdictions and offers both a detailed analysis of the law, as well as many practical insights to addressing such challenges. For those of us who deal with EU data transfers on a regular basis, the book is a great resource and will definitely be sitting on my desk." -- Orrie Dinstein, Privacy practitioner at a Fortune 100 company

"Bender on Privacy and Data Protection is a reference book that can meet the needs of everyone -- those just beginning in or who have a curiosity to learn more about the field, as well as experienced practitioners needing examples and guidance on how to approach or solve a particular challenge. It is part encyclopedia, part history book and part a collection of case law and interpretations showcasing the wealth of knowledge and experience of the author. A comprehensive synopsis is indexed at the beginning of every chapter enabling quick identification of just the right topic -- and perhaps the best feature -- it is written for lawyers and non-lawyers alike! I highly recommend this book." -- Sandra R. Hughes, Past Chairman International Association of Privacy Professionals (IAPP)

"This book provides an immense amount of timely and important material on an area that has become increasingly complex and important in practice. Bender has done an incredible job. Among other things, the coverage of state Data Breach Notification and other privacy-related laws is excellent and invaluable for practitioners, including in-house counsel." -- Raymond T. Nimmer, Dean & Leonard H. Childs Professor of Law, University of Houston Law Center

"Bender on Privacy and Data Protection is the one resource I would recommend to every professional concerned about understanding the plethora of privacy and data protection laws and issues. David Bender's meticulous and thorough coverage of topics critical to both public and private sector organizations will be an important addition to the privacy and data protection professional's library." -- Dr. Larry Ponemon, Chairman and Founder, Ponemon Institute

NOTE: This material also appears in Volumes 5 and 6 of David Bender's Computer Law, a Guide to Cyberlaw and Data Privacy Law.

Print book purchase includes 2-hour video presentation on memory stick titled You Left Your Laptop Where?! Preparing For and Responding to Data Breaches, approved for 2 CLE credits.†† David Bender offers a thought-provoking analysis of data security breaches. Beginning with an examination of the applicable laws and then expanding into avoiding and remediating data security breaches, Mr. Bender reviews steps for any company to avoid, or lessen the impact of, a data security breach.

†† CLE is approved or pending accreditation for self-study in the following mandatory CLE states: Alaska, Arizona, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York.†, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, and Wyoming. PRIOR TO REPORTING YOUR SELF-STUDY CREDIT, CONTACT THE LEXISNEXIS CLE COMPLIANCE & REPORTING DEPARTMENT AT CLE.SALES@LEXISNEXIS.COM REGARDING YOUR STATE'S ACCREDITATION STATUS. Only experienced NY attorneys may take self-study for CLE. New York regulation requires that all CLE sessions must be conducted by an attorney in good standing or a JD. The presenter for this event meets this New York regulation.

The eBook versions of this title feature links to Lexis Advance for further legal research options.

Authors / Contributors

Table of Contents

Part I. U.S. Federal Privacy and Data Protection Law 

Chapter 1: Fourth Amendment Privacy Law

Chapter 2: Electronic Communications Privacy Act

Chapter 3: Foreign Intelligence Surveillance Act

Chapter 4: Laws Regarding U.S. Federal Government Records

Chapter 5: Fair Credit Reporting Act

Chapter 6: Gramm-Leach-Bliley Financial Institution Privacy Requirements

Chapter 7: Health Insurance Portability and Accountability Act Privacy Requirements

Chapter 8: Federal Trade Commission Privacy Initiatives

Chapter 9: CAN-SPAM Act and Ancillary Matters

Appendix 9
Chapter 10: Federal Workplace Privacy Law

Chapter 11: Standing in Federal Privacy Litigation

Part II. U.S. State Federal Privacy and Data Protection Law

Chapter 21: Privacy Torts

Chapter 22: U.S. Data Breach Notification Laws

Appendix 22

Chapter 23: California Privacy Regime

Chapter 24: New York State Privacy Regime

Chapter 25: Privacy Litigation-State Causes of Action

Part III. International Privacy and Data Protection Law

Chapter 31: European Union Data Protection Law

Chapter 32: Cross-Border Transfer of Personal Data

Appendix 32

Chapter 33: The Asia Pacific Economic Cooperation (APEC) Privacy Framework

Appendix 33

Chapter 34: The Need for a Single Global Data Protection Paradigm

Part IV. Specific Privacy Issues
Chapter 41: How to Draft a Privacy Policy

Chapter 42: Behavioral Advertising

Appendix 42

Chapter 43: Privacy Issues in Cloud Computing

Chapter 44: Privacy and the Bottom Line

Chapter 45: Radio Frequency Identification (RDID)

Chapter 46: Security

Appendix 46

Table of Cases